On May 26, 2010, the U.S. Senate Subcommittee on Communications, Technology & the Internet held a successful hearing entitled “Innovation and Inclusion: The Americans with Disabilities Act at 20.” This hearing focused on the issues raised by the "Equal Access to Communications in the 21st Century Act" (S. 3304). The witness on Panel 1 was Rep. Edward Markey (D-MA). On Panel 2, there were four witnesses: Russell Harvard, Actor; Sgt. Brian Pearce (Ret.), U.S. Army; Thomas Wlodkowski, Accessibility Director, AOL Inc.; Bobbie Beth Scoggins, President of the National Association of the Deaf; and Walter McCormick, President and Chief Executive Officer, US Telecom Association (USTA).

Advocates noted the optimistic tone of Senator John Kerry's comments about the COAT-sponsored bills passing this year. He said "all the testimonies today are incredibly helpful" and that he "wants all the devices and services available to everyone.” Senator Kerry chairs the subcommittee and co-sponsored introduction of S. 3304, a bill similar to the “21st Century Communications & Video Access Act” (HR 3101), introduced in the House. For the first time in any one present’s memory, advocates noted how Senator Kerry held up the testimony of one witness for a few minutes when the live online captioning broke down and waited until it resumed before allowing the witness to continue. He also ensured that Sgt Brian Pearce, who also has Traumatic Brain Injury, was provided enough time to speak.

The first witness, Rep. Markey said that "industry exaggerates the costs and burdens of accessibility" and fails to note the benefits of accessibility to everyone. He used the example of captioning on TV, which allows people for whom English is a Second Language to understand TV, and that also "allows guys to multi-task in bars," a comment that generated much laughter in the hearing room. He added that people with disabilities wait too long for accessible technology. Markey said that the "wizardry of the wires is neither good nor bad but that we need to animate them with human values, especially as our population ages." He added that "H.R. 3101 brings existing disability laws up-to-date, making for accessible, affordable and usable technologies for people with disabilities."

Panel 2 witness Sgt. Pearce (Ret.Army), whose vision and hearing were injured in Iraq by a bomb explosion, said, "I just want to be able to do the things that anyone else would do" and wondered "if inaccessible technology contributes to current high unemployment, especially for vets like me going back to school." He reported that he "can't find video description on TV" and "TV interfaces should be accessible to those who lose vision and hearing." He noted also that he "can't hear storm warnings on TV." In response to a question from Sen. Mark Pryor he said he'd "been through several cell phones, none accessible." The second consumer witness, Russell Harvard, pleaded with the committee to "Please don't leave us behind as new digital technologies become available to the general public." He also made the point that "easy-to-use captioning controls are like volume controls for hearing people." AOL's Tom Wlodowski admitted to frustration when the Internet is inaccessible and on behalf of industry, said they want "flexibility is how accessibility is delivered". He made several points about the need for "interoperability" with assistive technologies (AT) and noted that "the cost of AT is prohibitive."

Bobbie Beth Scoggins of NAD signed her testimony, and said "S.3304 does a lot for people who are deaf, people who are blind, people who are deaf-blind," but she "wants advanced communications definition & undue burden standard as found in H.R. 3101." She opined that "industry designs for younger people," and asked for "the digital tools that allow for independence of people with disabilities." Walter McCormick, from USTA, conveyed his opinion that "most problems had been worked out with the legislation" and "it would not take much time to work out the rest." He said that "S. 3304 leaves the FCC to decide what companies make what products accessible [whereas] the HR 3101 definition is better." McCormick added that "the compliance standard in H.R.3101 is better than in S.3304 and that it corresponds to the standard included in the National Broadband Plan." In response to a question from Sen. Amy Klobuchar (D-MN), McCormick said USTA "supports real time text and the aspirations of the consumers on panel" in regard to making 9-1-1 emergency centers more up-to-date.

Over 100 people attended the hearing, many being people from industry as well as a strong contingent of consumer representatives. Representatives were also present from two federal agencies, the US Access Board and the FCC.

Video is captioned (Note: advance the video to 18 minutes and 45 seconds to see and/or hear the actual start of the hearing.)

Both S. 3304 and HR 3101 are bills that would enact the accessible technologies agenda of the Coalition of Organizations for Accessible Technology (COAT). AAPD is a co-founder and steering committee member of COAT.

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and now there's a House hearing on the same issues as well! On Thurs June 10, at 10 am in Rayburn 2123, the House Commerce Subcom on Communications, Technology & Internet will hold a hearing on HR 3101, The 21st Century Communications & Video Accessibility Act. More on this on the Coalition website at http://www.coataccess.org/node/9490
Please attend hearing if you are in town that day! Could we get passage of a good bill in time for ADA 20th anniversary?

Frankie Mastrangelo is the moderator for both the Justice For All (JFA) national email listerv as well as for the JFActivist blog. She is also an organizer for the American Association of People with Disabilities in Washington, D.C.